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How a Birth Injury Attorney Can Help Families Get the Compensation They Need

Although advances in medicine make childbirth more secure than ever before, complications can still arise during and after the birth of an infant. If you believe your child suffered from a preventable birth injury, you should contact an experienced birth injury lawyer immediately.

A firm that specializes in birth injury cases generally advances the entire cost of a lawsuit. They will only get paid when they receive the case.

Damages

Although advances in medicine have made childbirth a lot safer than it was previously but many mothers and their babies are still at risk of injuries due to a variety reasons. Oxygen deprivation and head trauma are among the most common. These injuries can lead to devastating disabilities such as cerebral palsy. An experienced birth injury lawyer will assist families to receive the compensation they require to pay for lifelong treatment and care.

Your lawyer will request all medical records and other reports pertaining to the injuries sustained by your baby. They will also hire medical experts to examine the evidence and give an official opinion on whether the medical personnel involved in the delivery of your baby violated the standard of care. In a typical case an expert will compare medical care provided by the defendant to methods commonly accepted by medical experts with similar experience and qualifications.

Economic and non-economic damages are able to be awarded. Economic damages cover costs like future and current medical bills, lost income and property loss. Non-economic damages include emotional distress as well as suffering and pain. In rare cases punitive damages could also be awarded. They are intended to punish the responsible party and discourage similar behavior in future. They differ from compensatory damages which are awarded to compensate for actual losses.

Medical Experts

Although advances in medicine have made childbirth more secure than ever, the process still involves some risk for both mother and child. It is the responsibility of nurses and doctors involved in a birth to act professionally and avoid making mistakes that could have devastating consequences for the health of both parties. When they fail to act accordingly and cause a birth injury, parents can seek compensation for their losses.

A birth injury lawyer will be in close contact with you throughout the duration of your case, starting from the initial consultation through to the final resolution. They will collect evidence from you, like witness testimony and medical records. They will also solicit expert opinions from other sources such as doctors and specialists.

They will look over all the evidence and give a formal opinion on whether the injuries were due to medical negligence. The lawyer will use this to decide how best to proceed.

If a medical professional is of the opinion that there was a malpractice then your lawyer will file a lawsuit against those responsible parties. This typically includes the obstetrician who was in charge of your pregnancy and delivery and any nurses or surgeons who helped during the delivery and the hospital in which the birth took place.

The costs of a lawsuit may be high due to the costs for expert witnesses, records and depositions. Your lawyer will advance these expenses and pay you back once they have won an agreement on your behalf.

Prepare for trial

A birth injury lawyer will work on any case where the baby suffered injuries due to doctor negligence, before or during or shortly after birth. When reviewing the case, the lawyer will be looking at two things: whether there is evidence of medical negligence, as well as the severity of the injury.

Often, attorneys consult with medical experts in order to determine if a medical error caused the injury. Experts will examine all documents related to childbirth, pregnancy and medical treatment for injuries. They will also be able to analyze the effects of injuries on the child and his or her future life.

The experts will assist the lawyer in determining which medical professionals are to be named as defendants in the lawsuit. The lawyer will send a letter to the medical providers and their insurance companies asking them to respond to the claim. A reputable birth injury lawyer will be able to negotiate with the insurance companies and be prepared to go to trial if needed.

Parents may be entitled to damages for future and past medical expenses resulting from the injuries sustained by their child. They may also be able to claim damages for suffering and pain. The amount of damages could be substantial in the event that the child's injuries are severe. An experienced birth injury lawyer can maximize the compensation awarded to the parents.

Insurance Companies

Although a lawsuit for birth injuries cannot undo what happened to your child, it may be used to pay for future medical expenses as well as the cost of therapy, home modifications and on-going support. These costs can seem daunting, but a skilled birth injury lawyer will work with a team of experts to assess the financial impact on your family due to the injury you sustained and how much compensation you are entitled to.

To make a claim for birth injuries, you must first prove that your doctor and your child have a professional relationship and that the doctor violated this relationship by committing a negligent act prior to or during the birth of your child. It is easy to demonstrate this by looking up your medical records and birth injury lawyer hospital bills.

Once this is established the lawyer must determine what specific actions the doctor made that were negligent and how they impacted your child's health. A birth injury lawyers injury lawyer will know what to look for and how to obtain the medical evidence and expert witness testimony needed to establish your case.

A reputable birth injury lawyer will handle all the complexities of your case and will never require you to come out of your pocket to seek justice. They must be able and willing to work on a contingent fee basis. This means they will only get paid when they win your case, and their fee is a portion of the settlement or award.